1 | 1 | | Session of 2025 |
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2 | 2 | | SENATE BILL No. 53 |
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3 | 3 | | By Committee on Judiciary |
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4 | 4 | | 1-21 |
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5 | 5 | | AN ACT concerning county law libraries; relating to the board of trustees |
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6 | 6 | | thereof; providing that the attorney members of the board in certain |
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7 | 7 | | counties shall be appointed by the chief judge of the judicial district; |
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8 | 8 | | allowing the board to authorize the chief judge to use certain fees for |
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9 | 9 | | the purpose of facilitating and enhancing functions of the district court |
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10 | 10 | | of the county; amending K.S.A. 20-3127 and repealing the existing |
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11 | 11 | | section. |
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12 | 12 | | Be it enacted by the Legislature of the State of Kansas: |
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13 | 13 | | Section 1. K.S.A. 20-3127 is hereby amended to read as follows: 20- |
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14 | 14 | | 3127. (a) Except as provided further, all fees collected pursuant to K.S.A. |
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15 | 15 | | 20-3126, and amendments thereto, shall be used to establish and maintain |
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16 | 16 | | the county law library. A board of trustees, appointed as provided in this |
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17 | 17 | | section, shall have the management and control of such library and shall |
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18 | 18 | | use the fees paid for registration, and all other sums, books, or library |
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19 | 19 | | materials or equipment donated or provided by law, for the purpose of |
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20 | 20 | | establishing and maintaining such library. Such library shall be |
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21 | 21 | | established or maintained in the county courthouse or other suitable place |
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22 | 22 | | to be provided and maintained by the county commissioners of such |
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23 | 23 | | county, including acquiring and maintaining materials and technology that |
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24 | 24 | | may, at the discretion of the board of trustees, be loaned to library users for |
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25 | 25 | | use outside the premises of the library. The district judge or district judges |
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26 | 26 | | of the district court, members of the bar who have registered and paid the |
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27 | 27 | | fee provided for in K.S.A. 20-3126, and amendments thereto, judges of all |
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28 | 28 | | other courts in the county and county officials shall have the right to use |
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29 | 29 | | the library in accordance with the rules and regulations established by the |
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30 | 30 | | board of trustees. The board of trustees shall develop guidelines to provide |
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31 | 31 | | members of the public reasonable access to the law library. |
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32 | 32 | | (b) (1) The board of trustees of any law library established or |
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33 | 33 | | governed under this act in Johnson, Sedgwick and Douglas counties shall |
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34 | 34 | | consist of the following five members: |
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35 | 35 | | (A) Two judges of the district court, appointed by a consensus of all |
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36 | 36 | | judges of the district court in such county; and |
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37 | 37 | | (B) three members of such county's bar association, appointed by |
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38 | 38 | | selection of the county bar association pursuant to the county bar |
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39 | 39 | | association's bylaws for two-year terms. |
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75 | 75 | | 36 SB 53 2 |
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76 | 76 | | (2) The board of trustees of the law library in all other counties shall |
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77 | 77 | | consist of the district judge or judges of the district court presiding in such |
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78 | 78 | | county and not less fewer than two attorneys who shall be elected for two- |
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79 | 79 | | year terms by a majority of the attorneys residing in the county reside in |
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80 | 80 | | such county, appointed by the chief judge of the judicial district. |
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81 | 81 | | (c) The clerk of the district court of the county shall be treasurer of |
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82 | 82 | | the library and shall safely keep the funds of such library and disburse |
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83 | 83 | | them as the trustees shall direct. The clerk shall be liable on an official |
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84 | 84 | | bond for any failure, refusal or neglect in performing such duties. |
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85 | 85 | | (d) The board of county commissioners of any county designated an |
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86 | 86 | | urban area pursuant to K.S.A. 19-2654, and amendments thereto, wherein |
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87 | 87 | | in which an election has been held to come under the provisions of this act |
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88 | 88 | | is hereby authorized to appoint, by and with the advice and consent of the |
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89 | 89 | | board of trustees of the law library of such county, a librarian, who and |
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90 | 90 | | library assistants as are necessary to perform the duties of administering |
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91 | 91 | | the law library. Such librarian shall act as custodian of the law library of |
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92 | 92 | | such county and shall assist in the performance of the clerk's duties as |
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93 | 93 | | treasurer thereof, and such assistants as are necessary to perform the duties |
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94 | 94 | | of administering the law of the library. The librarian and any assistants so |
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95 | 95 | | appointed shall be employees of the county under the supervision of the |
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96 | 96 | | board of county commissioners, or the board's designated official, with the |
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97 | 97 | | advice and recommendations of the board of trustees of the law library, |
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98 | 98 | | and shall be subject to the personnel policies and procedures established |
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99 | 99 | | by the board of county commissioners for all employees of the county. The |
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100 | 100 | | librarian and any assistants shall receive as compensation such salaries and |
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101 | 101 | | benefits as established by the law library board of trustees, subject to the |
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102 | 102 | | approval of the board of county commissioners, which. Such salaries and |
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103 | 103 | | benefits shall be payable from the general fund of the county, through the |
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104 | 104 | | county payroll process, from funds budgeted and made available by the |
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105 | 105 | | law library board of trustees for that purpose through the collection of fees |
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106 | 106 | | or other funds authorized by this act. |
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107 | 107 | | (e) All attorneys registered under this act shall not be liable to pay |
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108 | 108 | | any occupational tax or city license fees levied under the laws of this state |
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109 | 109 | | by any municipality. |
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110 | 110 | | (f) (1) Except as provided by subsection (f)(2), the board of trustees |
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111 | 111 | | of a county law library established pursuant to this section may authorize |
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112 | 112 | | the chief judge of the judicial district to use fees collected pursuant to |
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113 | 113 | | K.S.A. 20-3126 and 20-3129, and amendments thereto, for the purpose of |
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114 | 114 | | facilitating and enhancing functions of the district court of the county. No |
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115 | 115 | | judge shall participate in any decision made by the board of trustees of a |
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116 | 116 | | county law library pursuant to this paragraph to authorize the chief judge |
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117 | 117 | | of the judicial district to use fees collected pursuant to K.S.A. 20-3126 and |
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118 | 118 | | 20-3129, and amendments thereto. |
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161 | 161 | | 43 SB 53 3 |
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162 | 162 | | (2) The provisions of subsection (f)(1) shall not apply to the board of |
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163 | 163 | | trustees of any law library established in Johnson and Sedgwick counties. |
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164 | 164 | | Sec. 2. K.S.A. 20-3127 is hereby repealed. |
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165 | 165 | | Sec. 3. This act shall take effect and be in force from and after its |
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166 | 166 | | publication in the statute book. |
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